was also a "godless person." Of the real accuracy of any one of the charges, or of the fact that this paper really applies to the poet, we know so little of Gascoigne's history, that it is scarcely possible to speak with certainty. We do not find his name in any list of the members for Midhurst that we have been able to refer to. The persons named in Dallaway and in Willis as returned for that borough for the parliament in question, which was that of the 14th Elizabeth, and assembled on the 8th May, 1572, are Thomas Bowyer and Thomas Holcroft; but it should be borne in mind that Lord Montague, the noble owner of Cowdray, was the patron both of the borough of Midhurst and of Gascoigne. Amongst Gascoigne's "Flowers" is an interesting poem, spoken at a masque written on occasion of the double marriage at one time of the eldest son and a daughter of the first Viscount Montague, and a daughter and son of Sir William Dormer.

Throughout Gascoigne's works there is a singular and often-recurring expression of regret, even if it may not occasionally be termed remorse, in reference to the actions of his youth. In the preface addressed "To the Reverend Divines," prefixed to the collection of his works published in 1575,* he addresses them thus:

"My reverend and well-beloved, whatsoever my youth hath seemed unto the graver sort, I would be very loth now in my middle age to deserve reproach, more loth to touch the credit of any other, and most loth to have mine own name become unto you odious. For if I should now, at this age, seem as careless of reproach as I was in green youth ready to go astray, my faults might quickly grow double, and mine estimation should be worthy to remain but single. I have learned that although there may be found in a gentleman whereby to be reprehended or rebuked, yet ought he not to be worthy of reproof or condemnation."

Again, in his preface addressed "To all Young Gentlemen," he thus pictures himself:

"A young man well born, tenderly fostered, and delicately accompanied, shall

hardly pass over his youth without falling into some snares of the devil and temptations of the flesh. But a man of middle years, who hath to his cost experimented the vanities of youth, and to his peril passed them; who hath bought repentance dear, and yet gone through with the bargain; who seeth before his face the time past lost and the rest passing away in post-such a man had more need to be well advised in his doings and resolute in his determinations. For with more ease and greater favour may we answer for ten mad follies committed in green youth than one sober oversight escaped in years of discretion. Lycurgus, the good princely philosopher, ordained that if an old man perceiving a young man to commit any dishonesty did not rechastised and the young man should be buke but suffer him, the aged should be

absolved

"I assure you, young bloods, that I have not published the same (bis poems) to the intent that other men hereafter might be infected with my follies forepassed.

Most of them being written in my madness, might have yielded then more delight to my frantic sense to see them published than they now do accumulate cares in my mind to set them forth corrected; and a deformed youth had been more likely to set them to sale long sithence than a reformed man can be able now to protect them with simplicity. The scope of mine intent and the mark whereat I shoot is double, I mean, grounded upon two sundry causes; the one that, being indebted unto the world at the least 5000 days very vainly spent, I may yield him yet some part of my account in those poems. The other reason is, that because I have, to mine own great detriment, mispent my golden time, I may serve as ensample to the youthful gentlemen of England that they run not on the rocks which have brought me to shipwreck. Beware, therefore, lusty gallants, how you smell to these posies. And learn you to use the talent which I have highly abused. Make me your mirror. And if bereafter you see me recover mine estate, or re-edify the decayed walls of my youth, then begin you sooner to build some foundation which may beautify your palace. If you see me sink in distresses (notwithstanding that you judge me quick of capacity) then learn you to maintain yourselves swimming in prosperity, and eschew betimes the whirlpool of misgovernment."

Still more poignantly, and with feeling and eloquence, he writes to Lord Grey of Wilton in the dedication of his "Steel Glass."

I

"I have misgoverned my youth. confess it. What shall I do then? Shall I yield to misery as just plague appointed for my portion? Magnanimity saith "No," and Industry seemeth to be of the very same opinion. I am derided, suspected, accused, and condemned. Yea, more than that, I am rigourously rejected when I proffer amends for my barm. Should I therefore despair? Shall I yield unto jealousy, or drown my days in idleness, because their beginning was bathed in wantonness? Surely, my lord, the magnanimity of a noble mind will not suffer me, and the delightful reward of diligence doth utterly forbid me.

Shall I grudge to be reproved for that which I have done indeed... I have loitered, my lord, I confess. I have lain stretching me, like a lubber, when the sun did shine, and now I strive, all in vain, to load the cart when it raineth.

1 re

garded not my comeliness in the May moon of my youth, and yet now I stand prinking me in the glass when the crow'sfoot is grown under my eye. ... I have learned in sacred Scriptures to heap coals upon the heads of mine enemies by honest dealing, and our Saviour himself hath encouraged me, saying I shall not lack neither work nor service, although it were noon

day before I came into the market place." In these, and many similar expressions of penitence, scattered through Gascoigne's works, we have probably a somewhat exaggerated confession of those youthful failings which caused his father to disinherit him; but they certainly do not contain anything which gives warrant for the more serious accusations contained in the following paper. And yet such immoralities as Gascoigne admits, when magnified and distorted by political or personal rancour, could with little difficulty be made the basis of accusations as heinous as any of those which are here laid to his charge. That he was over head and ears in debt was very likely; therefore the first item is in all probability substantially true. That he a common rhymer" was certainly true; and that he was not disinclined to speak freely of "persons of great calling" may be admitted; and probably that is all that is correct in the third accusation. The second and the fourth might easily be mere ex

was

66

aggerations, founded upon distorted hearsay, or perhaps even upon his own ready confessions of what kind of life he had led. It is the tendency of such a change as had come over the mind of Gascoigne, and especially in the instance of a man of strong feelings and active imagination, to excite him to exaggerate the malignity of his own past evil life. That he had ceased to be a "godless person" in 1575 is sufficiently proved by the passages we the whole tenour of his works. have quoted, and incontestably so by

Supposing this petition to relate to Gascoigne, it would be easy to build a romance upon its possible results. Just after the time when it was presented, Gascoigne abandoned his profession, left England, and served for a time under the Prince of Orange in the Low Countries. One can conceive of an impetuous sensitive man, that, stung to the quick by such an accusation, unwilling to subject his patron who had procured his return to parliament to the possible discredit and the certain annoyance which would result from any investigation, he threw up his seat and embarked in that cause which offered employment to all the hot aspiring Protestant blood in Let us hope that the publication of the England. But this is mere conjecture. following paper will lead to renewed inquiry into the circumstances of his life.

This paper occurs amongst the Domestic Papers in the State Paper Office under the year 1572.

"Petition against George Gascoigne, May, 1572.

"To the Right Honnorable the Lordes of the Privie Cownsaile.

coigne ought not to be admitted to be a "Certaine objections why George Gasburgesse of the parliament.

"First, he is indebted to a greate number of personnes, for the which cause he hathe absented himselfe from the citie, and hathe lurked at villages neere unto the same citie by a longe time, and nowe beinge returned for a burgesse of Midehurste in the countie of Sussex, doethe shewe his face openlie, in the despite of all his creditors.

"Item, he is a defamed person and noted as well for manslaughter, as for other

greate crymes.

"Item, he is a common rymer and a deviser of slaunderous pasquelles againste diverse personnes of greate callinge.

"Item, he is a notorious ruffianne and especialle noted to be both a spie, an atheist, and godlesse personne.

"For the which causes he is not meete to be of the Cownsaile of Highe Courte of Parliament."

"For that the delayes of the court of Portmanmote of Leycester have been full long, and some usages lessened to theym, that [they] theyr right [might] not sue, Syr Edmund, brother of o'. Lord the king, lord of the toun aforesaid, by his counseyle, and by thassent of the mayre and of the juriez, and of all the comens of the same toun, hathe ordeyned and purveied amendments vndre wreten.

66 First, for that that when a man maketh his pleint of an other, of det or of trespas, the half yere or oon yere hole passed often afore that he myght bring his aduersarie to aunswer to the partie by feble distres of the baillieffs; and, by that that they hyd theyr godes in chambres, or other places there, a man myght not distreyn them; and also, for that that they passed without amerciement of the defaultes; in amendement of this thing it is purveyed, whan a man pleyneth him of an other reseaunt in the toun, in his absence, of det or of cataile with wrong taken or withholden, be he of whom is pleyned somond by witnes of the neghbors to be at the next court to aunswer. And if [to] that court he cometh not, be made a symple distres, vntill he be attached by plegges to be at another court. And if he finde plegges and come not, or if he will not finde plegges, he be comaunded to be distreyned to be at the iiide. court by the grete distres, by what some evyr a man

findeth of his within his house or without; so that if he make to hyde or inclose in chambre, or in other places, the baillief, by the sight of the neghbors, him make entre thorugh out all to distreyn him of it, forasmuch that he him iustifieth. And if he hath founden plegges to come, be his pleggis amercied, for that that they came not at the day; if they may not shewe resonable encheson for the which they

came not.

*

"In the same manner be it made in ple of trespas, as to distresses; but that all at the first be put by plegges. Afterwards, whan the defendant hath made defautes, so that he come by grete distres, that that issue upon him be in amercy; if he may not his defauts save to sey that he was out of the toun and knewe not of the pleinte, or that he was distourbet by an other cause resonable, and that he will averre to it. If the defendaunt have founden plegges or mainprenours, to be at the court at a certein day, and ther may not be, have those plegges or those mainprenours. If they wolde at the day oon forsall for him in the stede of assoyne, as afore it was vsed, and there have they afterward afor at anothre day to that at which our that the partees comen first to gedre in court, the defendaunte, if he wolde say have law,' and by that passe at that journey, as afore it was vsed; so that bot by havelawe' to sey in oon quarell be no delaye granted but oon time, and when he hath sayde 'havelawe' finde he plegges, or to put his estatt in plegage; and if he be ruled to come at the next court, saying as was vsed afore; and if than he come not, he be distreyned by the grete distresse, as it is sayde afore, till he come, and whan he cometh, he be mercyd if he may not his defawtes save.

"And for that that it happeneth other while, that a man pleyneth him of an othre of a grete quantite of det, or of grevous trespas, and he of whom is pleyned is not justisable gnowe [neither?] by lands or tenements nor by othre thinges that he

hath in the toun, at oon tyme selleth and bringeth catelles into ye toun and is by thoos catelles distreyned for to justifie him and to make delyver his catelles by plegges or mainprenours to come and to be at right, aftyr he hath there his plegges and his mainprenours in courte; and if he withdrawe and eloyne his gods, [so] that no distres may bee founde upon him; and for that that thoes pleggs in that caas were wont to make the peas ayeinst the baillief of oon vid., or of xiid., of that that they ther had not as they ther pleynour or mainprisoun, and by that that they shall pass quyte and the plaintyf lose so his dette or his amendes that he oughte to have; upon that it is purveyed, in that caas, if the distres be delyuered by pleggs or may prenour of eny if he that is replevyed or mainprised noe come not to be justified, as ought to do, he his borough or his mainprenours distreyned to have hym forth if they him might have, and be they amercyed for that that they have him not, if they may not by reasonable excuse save, and ther at the leste have the things afore that by theyr plenyng or the mainprise was delyvered, or the value.

"And for that that the vsage ys in the toun that a man that houldeth of the erle in chief, may come and to aske court of him, it appeareath often that aftyr that that the partie in his suete was long travelled, and the court also; first, at ye begynnyng he hadde vsed his court, and demaunde his court, and then he had in that court fro this tyme forwarde made all newe delayes; vpon it it is now purveyed, that he that wool court aske, come and ther aske within the iiide court of the p'ole [parole] attached, and afore that that the p'ole be quareled or aunsewerd; and thus not lose his court of that quarele; and afterward, whan he shall have his court, make full pleyn right; and if he do not come the pleintyf ayein at the chief court, and take by xii men laufull in what this court to him is fayled right, and be the lord warned to come to here yat if he wool, and his aduersarie also; and if the defaute of the court be p'oved, go forth in the principall in the chief court, as it hath been vsed before.

"And for that it was vsed afore this tymes, when thies parties ought to pledde, and the plaintyf hadde said his quarell, if the defendant, as often as the parole was out of his mouthe, he oweth not 'Thwertnay," he was holden as not defendant; and yt shulde appere swareles, and he was not suffred to emparle, nor to aske counseill, nor no man that knewe thoes vsage to speke for him; wherof many thereof were loste, that knewe not thoes vsages; vpon that is nowe purveied, that whan thoes parties apperen and owen

to pledde, the pleintyf say, pleinment his quarell, without chalenge or hoket, by him self if he knowe, or by an othere if he be avowed, if him self ne knewe; so that by for getting of time, nor by other circumstance [of] chalenge the quarell be not abated, but if the defendaunt aske declaracon of the tyme or of other thinges that necessarie is at the pleintyf for much better to be acerteyned, to aunswer by the declaracon made the same owr without chalenge.

"Afterward, whan the pleintyf shall have quarell, the defendaunt have resonable espace to aunswer, that he be not surprized; and if he him woll counsell and emparle, do it by leve, and come agein and sey, that he craveth yt may avail him without chalenge or hoket, by him self or by an other that is avowed, if him self knowe not, and if he trowe that his first aunswer suffiseth not sey othere thing, or if he will to troath hold and [.....] to take, and if peraventur whan the pleintyf shall quarell, the defendaunt may not with say that that he hath said ageinst him, or he woll not auns were, after that he shal be monyshed by the baillief, if he sey not resonable excuse for the which he oweth not to answer, be he as not dependaunt and as swatheles as was afor vsed.

"And for that that afor it was vsed, that the defendaunt to the pleint of the pleintiff other things to aunswer, but all for to graunt or all to sey, Thwertney;* and whan he hath said Nay he oweth,' to be at his lawe himself vi hands, than his aduersarie, or a man for him, shall chese folke that shall not go with him for favor of the othere partie, or for hatreden of him; and if he may not his lawe make with such folks named, shall be atteint of all the plee, were it true or fals; for that is purveyed, first, in plee of dett, if the defendaunt with say, and the demaundant hath preve of his det, by writing, tale, or by two voices, be he receyved to prove hit to do so, that if he haue not but a taile, or by two voices, rise he up first and afterwards his witnesse that he brings, and be they examined of the hering, and of the sight, thos witnes, if they were at the taking of the dette, or at the making of the taile, or if they were ther where the det or the taile was graunted; and, after that that they preven, for to recouer his det or to lese; and be thies witness laufull people, and not suspect custumers, nor hired fals othes to go, and if he name witnes and they for fauor or by hat withdrawg them the trouth to say, be they distreyned by the baillief to come and say ther the trouth; and also as it is aforsaid, be they examyned, or if the parties by assentement wolde put them in the

enquest taken of neighbours that knowen the trouth of this thing, be thenquest taken; and if the pleintyf haue not but his simple voyce, be the defendaunt at his lawe by as many as the court woll awarde of gode people and laufull, not hyred nor custumers to fals othes to go; and if he do his lawe at the day that is gefen him, passe he quyt, and if he faile, be atteint of the ple; in the same manner in ple of trespas, if the defendant say 'Thwertontnay,' be he at lawe, and in ye same maner ther doo.

"And that no man from hensford be distreyned to do his lawe by folks named, as was afor vsed; and if the defendant, in ple of trespas, woll put him in thenquest of his dede, be thenquest take folks covenables out taken his nusurs; and if day of thenquest be gefen, and the defendant come not, he be distreyned to be at an oyer court, and if at that court he cometh not, be thenquest taken by defaut and jugement gefen and execucion doon.

"And for that that folks made banes in the toun, bateries, homesokennes; and made bates and were bold to do it, for that that they had nought wherby they myght be iustified of thies trespacs waren ayein the peace be they justified by theyr bodies to be at right; and if they amend not and be custumers to do such outrages, be they avoided from the toun.

"And for that that attorneys were not wonte to be taken bot in court, in presence of the parties, and that for the pleintyf oonly, wher noon of the people shuld lose theyr othre neds or theyr plees hit is purveyed, that the oon partee or tothr that woll, may make attorney; and this aswele in the absence of his adversary as in his presence, and that the attorney be reseyved in his stede, to do asmuch as him selfe shulde do, but oonly to the lawe to do, that is for to sey, in ples that by attorney may be pleted, and that afore ii juriez, that the attorney may witnesse if nede be.

"And for that that it was vsed that the plaintyf myght make iii defawts, and yen at the the last goo forth in his plee, hit is purveyed that if the plaintyf say not his plee at the dayes that be geven him, be he amercied, and his pleggs to suy, if he had pleggs, and his adu'sary at the same day pas without day by his default.

"And for that that oon vsage was in the toun, that if a man playned him of an oyr, asinuch as while his pleynt was hanging, his aduersary of no pleynt wherof he him pleyned of him shulde be herd; wherof it happened often that a man had beton an othr, if he that had the wrong done myght come afor the baillief and pleineth him, and he that all the damage

had receyved cam afor and pleyned him that ther he shulde not have hering for the pleynt of the othr, upon that it is purveyed, that euery man in his pleynt ayenst other be herd, and eury man to stande at right ayenst oyer as right woll have.

"And thof by that vsage that was called holsak a man to be delayed of his right to sue, and for that that those merchants were often at grete fayres of the land, hit was vsed that as soon as the grete fayres were up no plee was holden, no more of them that were at home than of them that were at the fayres, hit is nowe purveyed, that the courts be holden and right wisness be doon of thenn, of theym that been at home; and they that at fayres been, be essoyned by the fayres, that is for to sey, by thoes fayces wherof a soyne was wonte to be afore yees owres; if so be not at they that at fayres been afore theyr going ther have made attorney that theyr right may suy or defend.

"And for that that a man was wont to distreyn neghbor for neghbor to have him forth, it is nowe purveyed that no man be distreyned for other if he wer not his plegge or his mainpernour or other reason, befor the which he oweth to be distreyned for him.

"It is commanded also that the mayor and all his juriez that in toun be, if they have not resonable letting, be at the plees and to do right and to gef jugement.

"And if a man be amercied, be the amerciament taxed the same day, or that morne; and that by juriez after theyr gods and his trespas, and not at the will of the baillief; nor no jurate nor baillief that right oweth to do, or jugement to gef, be a maintener of the plee, nor teller, if that be not for him self or his aliez, and thin syt not he at the jugement.

"And for that that other whiles comen nedys in the toun wherof the people were not warned, than they behoved to lende money, brede, and wyne, and othr things they went and borowed of sume men that that was theyr neds, and after they evyll quyted, they agayn at theyr will and to the harmes of the creansour; for that it is ordeyned and purveyed, if eny thing from henseforthward be borowed to the vse of the toun, assoon a taile thereof be made to the lenner, and he have his dett aquited within xl dayes next sueng; and if that he haue not come, he to whom the det is due at the first portmanmote after those xl dayes and aske his det. And if the det be not paied to him after that asking, within viii dayes suying, woll he go to the baillief of the castell, that at his shewing he as soon to him make levye his det of the comyn, to gadre with the